HomeMy WebLinkAbout23 - Memorandum of Understanding - USDA, FOREST SERVICE - Bozeman Municipal Watershed DocuSign Envelope ID: EE8EEC4D-A7DD-47E4-B06B-0399A7B405CD
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FS Agreement No. 23-MU-11011100-023
Cooperator Agreement No.
MEMORANDUM OF UNDERSTANDING
Between The
CITY OF BOZEMAN
And The
USDA,FOREST SERVICE
CUSTER GALLATIN NATIONAL FOREST
This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered
into by and between the City of Bozeman, hereinafter referred to as "The City," and the
United States Department of Agriculture (USDA), Forest Service, Custer Gallatin
National Forest, hereinafter referred to as the "U.S. Forest Service."
Background: Due to the increasing pressure on the City of Bozeman's source watersheds
from rapid growth and dry years, there is a need for a collaborative partnership between
The City and the U.S. Forest Service to manage and provide water resiliency throughout
The City's Sourdough and Hyalite watersheds.
Title: Bozeman Municipal Watershed
I. PURPOSE: The purpose of this MOU is to document the cooperation between the
parties to maintain(in the long term) a high quality,predictable water supply for
The City through cooperative efforts in implementing sustainable land management
practices. This framework of cooperation serves the mutual interest of the parties
and the public in accordance with the following provisions.
II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:
Whereby the public water supply for The City comes primarily from watersheds
south of Bozeman that are largely National Forest System lands, the U.S. Forest
Service and The City share a role in ensuring the long-term quality and quantity of
water to city residents. Each party brings resources to the collaborative process. The
parties to this MOU acknowledge that ensuring a reliable water supply from these
source watersheds is not the sole responsibility of one entity, but is a shared goal of
both parties. The following objectives are in the mutual interest of the parties in order
to meet this responsibility:
• Implement vegetation management projects that will begin to reduce the
severity and extent of wildland fires in the Bozeman and Hyalite Municipal
Watersheds.
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• Focus on treatments that will begin to reduce the risk of excess sediment and
ash reaching the municipal water treatment plan in the event of a severe
wildland fire.
• Provide for firefighter and public safety by beginning to modify potential fire
behavior.
• Reduce fuels in the wildland/urban interface (WUI) to reduce potential fire
spread and intensity between National Forest system lands and adjacent
private lands.
• Support the investigation and development of projects, programs, or other
activities that serve to enhance or protect water quality and/or augment water
quantity.
The parties to this MOU acknowledge that any one party may participate in local
activities or implement decisions related to watershed management as part of their
site-specific obligations, responsibilities and authorities within their own jurisdiction.
This MOU is not meant to supplant any party's discretionary authority to make
decisions about watershed management associated with their individual jurisdictions.
Nor is it meant to impose rulings or requirements on private lands. This MOU is
intended to provide a framework for the parties to integrate their local, site-specific
decisions, activities and resources into a collaborative landscape scale approach to
watershed management.
In consideration of the above premises, the parties agree as follows:
III. THE CITY SHALL:
A. Assign staff to the Bozeman Municipal Watershed project.
B. Coordinate regularly with the U.S. Forest Service in the development,planning
and implementation of any projects in the municipal watersheds.
C. Share information in City databases regarding City lands and water treatment
facilities relevant to planning and implementation of projects outlined in Section
II above, within the municipal watershed.
D. Work with the U.S. Forest Service to hold public meetings or share information
with the public regarding management activities within the municipal watershed.
IV.THE U.S. FOREST SERVICE SHALL:
A. Assign staff to the Bozeman Municipal Watershed project.
B. Coordinate regularly with The City in the development,planning and
implementation of any projects in the municipal watersheds.
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C. Develop maps and share information in Forest Service databases for vegetation,
fire history, wildlife habitat, road systems and other relevant national Forest
Source material for the planning and implementation of projects outlined in
Section II above, within the municipal watershed.
D. Work with The City to hold public meetings or share information with the public
regarding management activities within the municipal watershed.
V. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN
THE PARTIES THAT:
A. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their
respective areas for matters related to this agreement.
Principal Cooperator Contacts:
Cooperator Program Contact Cooperator Administrative Contact
Brian Heaston Jeff Mihelich
P.O. Box 1230 P.O. Box 1230
Bozeman, MT 59771-1230 Bozeman, MT 59771-1230
405-582-2282 406-582-2324
bheaston c&bozeman.net jmihelich(kbozeman.net
Principal U.S. Forest Service Contacts:
U.S. Forest Service Program Manager U.S. Forest Service Administrative
Contact Contact
Melanie Cota Dan Droughton
Natural Resource Specialist Grants &Agreements Specialist
Custer Gallatin National Forest USFS, Region One
406-522-2539 24 Fort Missoula Road
melanie.cotagusda.gov Missoula, MT 59804
406-329-1012
daniel.drou hg tongusda.gov
B. NOTICES. Any communications affecting the operations covered by this
agreement given by the U.S. Forest Service or The City is sufficient only if in
writing and delivered in person, mailed, or transmitted electronically by e-mail or
fax, as follows:
To the U.S. Forest Service Program Manager, at the address specified in the
MOU.
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To The City, at The City's address shown in the MOU or such other address
designated within the MOU.
Notices are effective when delivered in accordance with this provision, or on the
effective date of the notice, whichever is later.
C. PARTICIPATION IN SIMILAR ACTIVITIES. This MOU in no way restricts
the U.S. Forest Service or The City from participating in similar activities with
other public or private agencies, organizations, and individuals.
D. ENDORSEMENT. Any of The City's contributions made under this MOU do
not by direct reference or implication convey U.S. Forest Service endorsement of
The City's products or activities.
E. NONBINDING AGREEMENT. This MOU creates no right, benefit, or trust
responsibility, substantive or procedural, enforceable by law or equity. The
parties shall manage their respective resources and activities in a separate,
coordinated and mutually beneficial manner to meet the purpose(s) of this MOU.
Nothing in this MOU authorizes any of the parties to obligate or transfer anything
of value.
Specific,prospective projects or activities that involve the transfer of funds,
services,property, and/or anything of value to a party requires the execution of
separate agreements and are contingent upon numerous factors, including, as
applicable,but not limited to: agency availability of appropriated funds and other
resources; cooperator availability of funds and other resources; agency and
cooperator administrative and legal requirements (including agency authorization
by statute); etc. This MOU neither provides, nor meets these criteria. If the
parties elect to enter into an obligation agreement that involves the transfer of
funds, services,property, and/or anything of value to a party, then the applicable
criteria must be met. Additionally, under a prospective agreement, each party
operates under its own laws, regulations, and/or policies, and any Forest Service
obligation is subject to the availability of appropriated funds and other resources.
The negotiation, execution, and administration of these prospective agreements
must comply with all applicable law.
Nothing in this MOU is intended to alter, limit, or expand the agencies' statutory
and regulatory authority.
F. USE OF U.S. FOREST SERVICE INSIGNIA. In order for The City to use the
U.S. Forest Service insignia on any published media, such as a Web page, printed
publication, or audiovisual production,permission must be granted from the U.S.
Forest Service's Office of Communications. A written request must be submitted
and approval granted in writing by the Office of Communications (Washington
Office)prior to use of the insignia.
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G. MEMBERS OF U.S. CONGRESS. Pursuant to 41 U.S.C. 22, no U.S. member of,
or U.S. delegate to, Congress shall be admitted to any share or part of this
agreement, or benefits that may arise therefrom, either directly or indirectly.
H. FREEDOM OF INFORMATION ACT (FOIA). Public access to MOU or
agreement records must not be limited, except when such records must be kept
confidential and would have been exempted from disclosure pursuant to Freedom of
Information regulations (5 U.S.C. 552).
I. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order
(EO) 13513, "Federal Leadership on Reducing Text Messaging While Driving,"
any and all text messaging by Federal employees is banned: a) while driving a
Government owned vehicle (GOV) or driving a privately owned vehicle (POV)
while on official Government business; or b) using any electronic equipment
supplied by the Government when driving any vehicle at any time. All cooperators,
their employees, volunteers, and contractors are encouraged to adopt and enforce
policies that ban text messaging when driving company owned, leased or rented
vehicles, POVs or GOVs when driving while on official Government business or
when performing any work for or on behalf of the Government.
J. PUBLIC NOTICES. It is the U.S. Forest Service's policy to inform the public as
fully as possible of its programs and activities. The City is encouraged to give
public notice of the receipt of this agreement and, from time to time, to announce
progress and accomplishments. Press releases or other public notices should include
a statement substantially as follows:
"Watershed Programs of the U.S. Forest Service, Department of Agriculture,
fully supports the Bozeman Municipal Watershed project."
The City may call on the U.S. Forest Service's Office of Communication for
advice regarding public notices. The City is requested to provide copies of
notices or announcements to the U.S. Forest Service Program Manager and to The
U.S. Forest Service's Office of Communications as far in advance of release as
possible.
K. U.S. FOREST SERVICE ACKNOWLEDGED IN PUBLICATIONS,
AUDIOVISUALS AND ELECTRONIC MEDIA. The City shall acknowledge U.S.
Forest Service support in any publications, audiovisuals, and electronic media
developed as a result of this MOU.
L. NONDISCRIMINATION STATEMENT—PRINTED, ELECTRONIC, OR
AUDIOVISUAL MATERIAL. The City shall include the following statement, in
full, in any printed, audiovisual material, or electronic media for public distribution
developed or printed with any Federal funding.
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In accordance with Federal law and U.S. Department of Agriculture
policy, this institution is prohibited from discriminating on the basis
of race, color, national origin, sex, age, or disability. (Not all
prohibited bases apply to all programs.)
To file a complaint of discrimination,write USDA, Director, Office of
Civil Rights, Room 326-W,Whitten Building, 1400 Independence
Avenue, SW,Washington,DC 20250-9410 or call(202) 720-5964
(voice and TDD). USDA is an equal opportunity provider and
employer.
If the material is too small to permit the full statement to be included, the material
must, at minimum, include the following statement, in print size no smaller than
the text:
"This institution is an equal opportunity provider."
M. TERMINATION. Any of the parties, in writing, may terminate this MOU in
whole, or in part, at any time before the date of expiration.
N. DEBARMENT AND SUSPENSION. The City shall immediately inform the U.S.
Forest Service if they or any of their principals are presently excluded, debarred, or
suspended from entering into covered transactions with the federal government
according to the terms of 2 CFR Part 180. Additionally, should The City or any of
their principals receive a transmittal letter or other official Federal notice of
debarment or suspension, then they shall notify the U.S. Forest Service without
undue delay. This applies whether the exclusion, debarment, or suspension is
voluntary or involuntary.
O. MODIFICATIONS. Modifications within the scope of this MOU must be made by
mutual consent of the parties, by the issuance of a written modification signed and
dated by all properly authorized, signatory officials,prior to any changes being
performed. Requests for modification should be made, in writing, at least 30 days
prior to implementation of the requested change.
P. COMMENCEMENVEXPIRATION DATE. This MOU is executed as of the date
of the last signature and is effective through February 28, 2028 at which time it will
expire.
Q. AUTHORIZED REPRESENTATIVES. By signature below, each parry certifies
that the individuals listed in this document as representatives of the individual
parties are authorized to act in their respective areas for matters related to this
MOU.
In witness whereof, the parties hereto have executed this MOU as of the last date
written below.
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DocuSigned by:
���f 601F,y,9
DocuSigned by: °
�l t (lA H 3/24/2023
3FEWUMMICH, City Manager Date
City of Bozeman
MARY C. ERICKSON, Forest Supervisor Date
U.S. Forest Service, Custer Gallatin National Forest
The authority and format of this agreement have been reviewed and approved for
signature.
DAN I E L D RO U G H TO N Dateal 0ly si 03.02 y1D ANIE DRO GHTON
DAN DROUGHTON Date
U.S. Forest Service Grants Management Specialist
Burden Statement
According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond to a collection of
information unless it displays a valid ONE control number. The valid OMB control number for this information collection is 0596-0217. The time
required to complete this information collection is estimated to average 3 hours per response,including the time for reviewing instructions,searching
existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection ofinfommation.
The U.S.Department of Agriculture(USDA)prohibits discrimination in all its programs and activities on the basis of race,color,national origin,age,
disability,and where applicable,sex,marital status,familial status,parental status,religion,sexual orientation,genetic information,political beliefs,
reprisal,or because all or part ofan individuars income is derived from anypublic assistance. (Not all prohibited bases apply to all programs.)Persons
with disabilities who require alternative means for communication ofprogram information(Braille,large print,audiotape,etc.)should contact USDAs
TARGET Center at 202-720-2600(voice and TDD).
To file a complaint of discrimination,write USDA,Director,Office of Civil Rights,1400 Independence Avenue,SW,Washington,DC 20250-9410 or
call toll free(866)632-9992(voice). TDD users can contact USDAthrough local relay or the Federal relay at(800)877-8339(TDD)or(866)377-8642
(relayvoice). USDAis an equal opportunity provider and employer.
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